Riot

From the Law Office of Alison Grinter in Dallas, Texas

Contents 1 Degree 2 Statute(s) 3 Caselaw 4 Collateral Consequences 5 Notes

Degree

Riot is a Class B misdemeanor, or the highest category of offense in furtherance of the assembly committed by any rioter.

Statute(s)

Sec. 42.02. RIOT.

(a) For the purpose of this section, "riot" means the assemblage of seven or more persons resulting in conduct which:
   (1) creates an immediate danger of damage to property or injury to persons;
   (2) substantially obstructs law enforcement or other governmental functions or services; or
   (3) by force, threat of force, or physical action deprives any person of a legal right or disturbs any person in the enjoyment of a legal right.
(b) A person commits an offense if he knowingly participates in a riot.
(c) It is a defense to prosecution under this section that the assembly was at first lawful and when one of those assembled manifested an intent to engage in conduct enumerated in Subsection (a), the actor retired from the assembly.
(d) It is no defense to prosecution under this section that another who was a party to the riot has been acquitted, has not been arrested, prosecuted, or convicted, has been convicted of a different offense or of a different type or class of offense, or is immune from prosecution.
(e) Except as provided in Subsection (f), an offense under this section is a Class B misdemeanor.
(f) An offense under this section is an offense of the same classification as any offense of a higher grade committed by anyone engaged in the riot if the offense was:
   (1) in the furtherance of the purpose of the assembly; or
   (2) an offense which should have been anticipated as a result of the assembly.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Caselaw

Collateral Consequences

Could be construed as a crime of moral turpitude, probably depending on the "purpose of the assembly"

Notes

This statute establishes a way to hold one person accountable for the actions of another person, so it's one that should be looked at carefully. A lot comes down to the "purpose of the assembly" which sounds strange, since riots are not generally so well thought-out. Basically, you have to look to the original reason the rioters were in the same place at the same time. In cases of organized protests, the purpose is pretty clear, and it makes sense. If  a group of people show up to an animal rights protest at a medical testing company, they might all be held accountable under this statute if someone lets the animals go free.

But in cases like the famous LA riots after the OJ Simpson verdict, the original "purpose of the assembly" is fairly unclear, and an effort to hold non-participating rioters responsible for some of the most serious crimes committed is troublesome.

Discuss this offense with The Law Office of Alison Grinter